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STATE EX REL. SEARS, ROEBUCK & CO. v. INDUS. COMM.

No. 88-2038.

52 Ohio St. 3d 144 (1990)

THE STATE, EX REL. SEARS, ROEBUCK & COMPANY, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 3, 1990.

Motion for rehearing filed July 12, 1990.

Attorney(s) appearing for the Case

Seeley, Savidge & Aussem and Thomas M. Carolin, for appellee.

Anthony J. Celebrezze, Jr., attorney general, Donald R. Ford, Jr., and Cheryl J. Nester, for appellant Industrial Commission.

Victor H. Hahn, for appellant John Bednar.

Stewart Jaffy & Associates Co., L.P.A., and Stewart R. Jaffy, urging reversal, for amici curiae, the Ohio Academy of Trial Lawyers, the Ohio AFL-CIO, and the United Autoworkers.

WRIGHT, J.

This case presents us with two questions. First, does R.C. 4123.57(B) require the Industrial Commission to aggregate all permanent partial disability awards, including those granted for injuries occurring prior to October 1, 1963, to determine when the one hundred percent permanent partial disability ceiling of R.C. 4123.57(B) has been reached? Second, is the statute unconstitutionally retroactive because it provides for aggregation of permanent partial...

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